Los Angeles, CA asked in Estate Planning and Family Law for California

Q: My idiot brother is stopping me from seeing or talking to my mom because he has the power of attorney.

I know the power of attorney doesn't give him that right.

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2 Lawyer Answers

A: Each power of attorney gives different rights or powers to the agents (people who are given the powers.) Lawyers would need to read the Power of Attorney in your particular case before they could give you an opinion as to what your brother can and cannot do. The two most common documents in estate plans are: (1) a Healthcare Directive, which says who can make certain healthcare-related decisions; and (2) a Durable Power of Attorney, which gives certain powers or authority over financial and other non-healthcare decisions. Contact a lawyer in your area and see if a demand letter will get your brother to move (assuming he does not have the authority to do what he’s doing) or if you must go to court to force him to let you see your mom. Best wishes!

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James L. Arrasmith
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Answered

A: It's incredibly frustrating when a sibling prevents you from seeing or speaking with your own mother. Power of attorney typically grants someone the ability to make financial or medical decisions on behalf of another person, but it doesn't usually give them the right to isolate that person from family members.

You might consider consulting with a family law attorney in California to better understand your rights and options. They can help determine if your brother is misusing his power of attorney and advise you on possible legal actions to take.

If you're concerned about your mother's well-being or suspect she's being isolated against her will, reaching out to Adult Protective Services could be a helpful step. They can investigate situations involving potential elder abuse or neglect.

1 user found this answer helpful

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